3U.K.This Part of this Schedule applies in relation to devolution issues in proceedings in Northern Ireland.
4(1)Proceedings for the determination of a devolution issue may be instituted or defended by the Attorney General or the Attorney General for Northern Ireland.U.K.
(2)The First Minister and the deputy First Minister acting jointly may defend any such proceedings.
(3)This paragraph is without prejudice to any power to institute or defend proceedings exercisable apart from this paragraph by any person.
5U.K.A court or tribunal shall order notice of any devolution issue which arises in any proceedings before it to be given to the Attorney General, the Attorney General for Northern Ireland, the First Minister and the deputy First Minister (unless the person to whom the notice would be given is a party to the proceedings).
6U.K.A person to whom notice is given in pursuance of paragraph 5 F1... may take part as a party in the proceedings, so far as they relate to a devolution issue.
Textual Amendments
F1Words in Sch. 10 para. 6 repealed (1.3.2010) by Justice (Northern Ireland) Act 2002 (c. 26), s. 87(1), Sch. 13; S.R. 2010/52, art. 2(e)
7U.K.A court, other than the [F2Supreme Court] or the Court of Appeal in Northern Ireland, may refer any devolution issue which arises in any proceedings before it to the Court of Appeal in Northern Ireland.
Textual Amendments
F2Words in Sch. 10 para. 7 substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 40, 148, Sch. 9 para. 115(2); S.I. 2009/1604, art. 2(a)(d)
8U.K.A tribunal from which there is no appeal shall refer any devolution issue which arises in any proceedings before it to the Court of Appeal in Northern Ireland; and any other tribunal may make such a reference.
Textual Amendments
F3Words in Sch. 10 cross-heading preceding para. 9 substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 40, 148, Sch. 9 para. 115(3); S.I. 2009/1604, art. 2(a)(d)
9U.K.The Court of Appeal in Northern Ireland may refer any devolution issue which arises in proceedings before it (otherwise than on a reference under paragraph 7 or 8) to the [F4Supreme Court] .
Textual Amendments
F4Words in Sch. 10 para. 9 substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 40, 148, Sch. 9 para. 115(4); S.I. 2009/1604, art. 2(a)(d)
Textual Amendments
F5Words in Sch. 10 cross-heading preceding para. 10 substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 40, 148, Sch. 9 para. 115(5); S.I. 2009/1604, art. 2(a)(d)
10U.K.An appeal against a determination of a devolution issue by the Court of Appeal in Northern Ireland on a reference under paragraph 7 or 8 shall lie to the [F6Supreme Court] , but only with [F7permission] of the Court of Appeal in Northern Ireland or, failing such [F7permission], with [F8permission] of the [F6Supreme Court].
Textual Amendments
F6Words in Sch. 10 para. 10 substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 40, 148, Sch. 9 para. 115(6)(a); S.I. 2009/1604, art. 2(a)(d)
F7Words in Sch. 10 para. 10 substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 40, 148, Sch. 9 para. 115(6)(b); S.I. 2009/1604, art. 2(a)(d)
F8Words in Sch. 10 para. 10 substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 40, 148, Sch. 9 para. 115(6)(c); S.I. 2009/1604, art. 2(a)(d)